Delaware Divorce Timeline — How Long Does It Take? (2026)

Delaware's no waiting period means the primary pacing factors for an agreed divorce are residency eligibility and court scheduling.

Overview: Total Timeline

Stage-by-Stage: Agreed Divorce (No Children)

Stage 1 — Confirm Residency (Ongoing or Already Met)

Six months of Delaware domicile for at least one spouse. If not yet met, count from your move-in date.

Stage 2 — Preparation (2–4 weeks)

Inventory all marital and separate property. Both parties complete Financial Reports. Draft and finalize the Separation Agreement. Both sign and notarize.

Stage 3 — File at Family Court (Day 1)

File the Petition and Financial Reports. Pay $165.

Stage 4 — Serve Respondent (Days 1–7)

Obtain Acceptance of Service from cooperating spouse — fastest option. Or use sheriff/process server.

Stage 5 — No Waiting Period

No statutory delay after service. Proceed immediately to request a hearing.

Stage 6 — Schedule and Attend Final Hearing (Weeks 3–10)

Delaware Family Court hearing wait times vary by county. New Castle County (Wilmington) tends to have the longest wait. Allow 4–10 weeks for a final hearing date.

Stage 7 — Final Decree Entered

Judge reviews Financial Reports and Separation Agreement. Final Decree of Divorce entered.

Total: 2–4 months

Stage-by-Stage: Agreed Divorce (With Children)

Additional Steps:

• Parenting Plan: Delaware Family Court carefully reviews Parenting Plans — must be comprehensive.
• Child Support Worksheet: Must follow Delaware Child Support Formula.

Total: 3–5 months

Default Timeline

After personal service, the Respondent has 20 days to file an Answer. If no Answer is filed, file a Motion for Default.

What Can Delay a Delaware Divorce?

1. Incomplete Financial Reports — both parties must file; missing or incomplete reports delay proceedings
2. Contested property — real estate, retirement accounts, or business interests requiring valuation
3. Custody disputes — Family Court may order evaluation, mediation, or guardian ad litem
4. Respondent evading service — may require alternative service
5. Docket congestion — New Castle County typically has longer scheduling waits

Last reviewed: March 2026 | 6-month residency | No waiting period | Family Court — all three counties | Financial Report required | courts.delaware.gov/selfhelp

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.